HB 1601CS

CHAMBER ACTION




1The Judiciary Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to attorney's fees; amending s. 627.736,
7F.S.; prohibiting the application of a contingency risk
8multiplier in the award of attorney's fees in suits based
9on claims arising under the Florida Motor Vehicle No-Fault
10Law except in certain circumstances; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (8) of section 627.736, Florida
16Statutes, is amended to read:
17     627.736  Required personal injury protection benefits;
18exclusions; priority; claims.--
19     (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
20FEES.--With respect to any dispute under the provisions of ss.
21627.730-627.7405 between the insured and the insurer, or between
22an assignee of an insured's rights and the insurer, the
23provisions of s. 627.428 shall apply, except as provided in
24subsection (11). If a court awards attorney's fees pursuant to
25this subsection, no contingency fee risk multiplier shall be
26applied in determining a reasonable fee unless the court finds
27by clear and convincing evidence that success was unlikely at
28the outset of litigation.
29     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.